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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Northern District of California
United States District Court
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JOEL P. ALCARMEN; ALMA S.
VALDEZ,
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Plaintiffs,
Case No.: C-13-01575 JSC
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE
v.
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J.P. MORGAN CHASE, BANK, et al.,
Defendants.
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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosurerelated action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference to assess
this case’s suitability for mediation or a settlement conference. Plaintiffs’ and Defendants’ counsel
shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible but
no later than 30 days from the date of this Order.
Plaintiffs’ and Defendants’ counsel shall be prepared to discuss the following subjects:
(1)
Identification and description of claims and alleged defects in loan documents.
(2)
Prospects for loan modification.
(3)
Prospects for settlement.
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The parties need not submit written materials to the ADR Unit for the telephone conference.
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In preparation for the telephone conference, Plaintiffs shall do the following:
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(1)
Review relevant loan documents and investigate the claims to determine
whether they have merit.
(2)
If Plaintiffs are seeking a loan modification to resolve all or some of the
claims, Plaintiff shall prepare a current, accurate financial statement and
gather all of the information and documents customarily needed to support a
loan modification request. Further, Plaintiffs shall immediately notify
Defendants’ counsel of the request for a loan modification.
(3)
Provide counsel for Defendants with information necessary to evaluate the
prospects for loan modification, in the form of a financial statement,
worksheet or application customarily used by financial institutions.
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Northern District of California
United States District Court
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In preparation for the telephone conference, counsel for Defendants shall do the following:
(1)
If Defendants are unable or unwilling to do a loan modification after receiving
notice of Plaintiffs’ request, counsel for Defendants shall promptly notify
Plaintiffs to that effect.
(2)
Arrange for a representative of each Defendant with full settlement authority
to participate in the telephone conference.
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The ADR Unit will notify the parties of the date and time the telephone conference will be
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held. After the telephone conference, the ADR Unit will advise the Court of its recommendation for
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further ADR proceedings.
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IT IS SO ORDERED.
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Dated: April 16, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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